Hearing officer

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  • (a) There shall be appointed by the Governor upon the recommendation of the Attorney General, one (1) or more hearing officers who are by reason of training, education, experience and such other criteria as may be established in writing by the Attorney General qualified to hear and render decisions in paternity and child support cases. A hearing officer shall be appointed for a term of four (4) years; may be reappointed to succeeding four (4) year terms; may be removed by the Governor for cause; and shall receive compensation equal to or greater than that of a similarly credentialed assistant attorney general; and shall receive clerical and other assistance as is provided for by appropriation. Hearing officers shall have authority to:

    • (1) administer oaths, take testimony, establish a record, make findings of fact and conclusions of law, issue subpoenas, and enter judgments, orders and default orders in cases of paternity, contested or uncontested, and child support or child support in conjunction with spousal or former spousal support, subject to the court having exclusive jurisdiction over the admissibility of contested genetic tests pursuant to chapter 11, section 293 of this title;

    • (2) accept voluntary acknowledgments of paternity, child support liability and stipulated agreements setting the amount of child support to be paid and to enter the same as judgments and orders, provided that the amount of child support is established pursuant to section 345 of this chapter.

    • (3) conduct income withholding hearings and to determine arrearage amounts and to order repayment of arrearages by income withholding;

    • (4) conduct income tax refund withholding hearings;

    • (5) order an obligor to post a bond or other such security as required by section 365 of this chapter;

    • (6) modify child support obligations entered by the hearing officer, and modify child support obligations entered by the Superior Court if such support action was duly transferred to the hearing officer;

    • (7) conduct hearings on appeals to Division administrative actions whenever otherwise required or authorized in this title; and

    • (8) issue visitation orders between non-custodial parents and children.

  • (b) Orders entered by a hearing officer shall be in writing, shall contain specific findings of fact and conclusions of law, shall be served on all parties, and shall have the same force and effect as orders entered by judges of the Superior Court, except that an appeal from an order of a hearing officer may be taken to a Family Division judge of the Superior Court within (20) days of the entry of the order. Such appeal shall only be made upon a showing of material mistake of fact or conclusion of law, with the burden of proof upon the challenger, and, unless the court finds good cause, the paternity or support order entered by the hearing officer shall continue in force while the matter is on appeal.

  • (c) If the hearing officer determines that the case involves complex issues requiring judicial resolution, the hearing officer shall enter a temporary child support order and then transfer the matter to a Family Division judge.

  • (d) The Attorney General shall prescribe such rules or regulations as are necessary for the lawful and orderly transaction of proceedings and hearings under this chapter.


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